Why are employers allowed to demand facebook passwords?

[Mark]

How is this constitutional? I say arrest these employers and replace them with fairer people. This blatant invasion of privacy should not be tolerated.

[America licious]

They can't. Calm down.

[tonalc2]

In general, employers are on very shaky ground demanding access to employee or applicants’ personal social media accounts. However, it is not out and out illegal.

If an employer were to fire an employee for failing to turn over a password, they could make themselves liable for a wrongful termination suit. It’s less clear if a company would be liable for not hiring someone for not submitting a password.

Note that this is being addressed in many states, with of course the ACLU leading the way.

[knotter]

Who told you that ANYBODY is allowed to ask for any passwords?

Why would an employer even know that you have a Facebook account? Or for that matter, why do you have a Facebook account? So that you can tell the world all sorts of private information about yourself that maybe the world should not know?

Of course if that account is being accessed from your work computer, you have a very serious problem. Say hello to the folks at the unemployment office for me.....

[Galen]

You are free to challenge them on the constitutionality of it.

I would hazard a guess that such practices would not be valued or allowed.

The constitution is a very vague piece of writing and an unliving piece of matter. It does not dance to life and do your work for you: "yup, Mark is right! I'm totally against that!"

People have to do the work, challenge the practice, file a suit, and explain to a judge why it is far better for society, all factors considered, to do X instead of Y. We go under the fiction of saying the eventual conclusions and decisions were based on a piece of paper that mentions life, liberty, and happiness, because that piece of paper is seen as foundational and symbolic of what we value in our country, and so it lends some authority to our decisions.

But don't get too sucked into the fiction and think that the constitution speaks very much at all. More importantly, do not go under the delusion that it speaks (what little it does) for itself. Passionate citizens fight to articulate and explain why their views should be adopted, some laws or practices be made, and other stricken down.

[Amy Only]

A criminal background check is an invasion of privacy. A credit check is an invasion of privacy. You agree to it, depending on the job you are applying for, or you are not considered. If they can show that it is relevant to the position, they can pretty much get away with it.

[Jessica]

WOW america is a crazy country! if an employer in england even ASKED that question they would lose thier job..

[cheesphht]

They can but legally you don't have to give them anything but your name and address.

The question is will you sue them for it? Many employers simply get away with it because they have in each of their personnel's files a background check that includes how many times a person has sued in court and what for. If you have no record of a law suit anywhere then they know that you are the type that will cave in and many times, this is why you're hired above someone else in the first place.

So, decide if you're going to sue them and don't think that talking to them intelligently about the Constitution is going to work. They know that unless you sue them then your talk means nothing.

But if you decide to sue them go after what they have to have in order to do business - their bond. All incorporations have a bond and if you can get just a $1 judgment of that bond in return for damages then, guess what? They won't ask you for anything, anymore.

[mnwomen]

Get over it they cannot ask for your passwords to facebook. At least not in my state.

[Heidi]

The Constitution has to do with the government's power to make laws. It had absolutely nothing to do with employment practices.

You are not "required" to give them your FB password any more than you are "required" to give them your full name, or to show up for an interview. But they aren't "required" to hire you, either.